Nys Business Taxes Guide for Entrepreneurs

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As an entrepreneur in New York State, navigating business taxes can be overwhelming. The good news is that you're not alone, and with the right guidance, you can stay on top of your tax obligations.

In New York State, businesses are required to file a Certificate of Authority with the Department of State, which is usually done when you register your business.

To register your business, you'll need to choose a business structure, such as a sole proprietorship, partnership, corporation, or limited liability company (LLC). Each type of business structure has its own tax implications.

A sole proprietorship is the simplest and most common business structure, and it's often the best choice for small businesses or freelancers.

See what others are reading: What Is the Ny New Rule for Business Taxes

Business Structure

As a business owner, choosing the right structure for your company is crucial, and it's essential to understand how it affects your taxes in New York.

New York requires businesses to file tax returns annually, and the type of taxes you need to file varies depending on your business structure.

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If you're a newly incorporated company, you'll need to file New York corporation taxes, in addition to sales and use tax.

Sole proprietorships, on the other hand, may not need to file New York LLC taxes, but they may still need to file NYS income tax.

Businesses need to apply for and obtain an Employer Identification Number (EIN) from the IRS to file tax returns, which is a crucial step in the process.

You should consider the taxes applicable in the state when starting a new business in New York, and different types of taxes, including franchise tax, apply to different forms of business.

Here's an interesting read: Is Business Insurance Tax Deductible

Federal Taxes

As the owner of a New York business, you're responsible for paying federal taxes, which can be complicated.

You'll need to pay self-employment tax and federal income tax, both of which are levied as "pass-through taxation."

It's a good idea to speak with your accountant or professional tax preparer to ensure your business is paying the correct amount.

Explore further: Federal Business Taxes

Federal for LLCs

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Federal taxes can be complicated, so it's essential to consult with a professional tax expert to ensure your LLC is paying the correct amount.

You'll need to speak to your accountant or tax preparer to navigate the complexities of federal taxation for your LLC.

Fixed Dollar Minimum

If you're a business owner in New York, you'll need to calculate your fixed dollar minimum tax, which is based on your New York State receipts.

This tax is calculated using a specific schedule that depends on your total New York receipts. For example, if your receipts are not more than $100,000, your fixed dollar minimum tax will be $25.

Here's a breakdown of the fixed dollar minimum tax schedule for general businesses:

Keep in mind that qualified New York manufacturers and QETCs follow a different schedule, which is slightly lower than the one for general businesses.

A Brief Overview

Federal taxes can be overwhelming, but understanding the basics can make a big difference. A key thing to know is that corporations and partnerships have different tax obligations.

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For C corporations, you'll need to pay the Corporation Franchise Tax, which can be reported on Form CT-3 and Form CT-225. You'll also need to refer to Form 1120 and keep a balance sheet up to date.

S corporations, on the other hand, also pay the Corporation Franchise Tax, but you'll need to file Form CT-6 in addition to Form CT-3 and Form CT-225. You'll also need to refer to Form 1120-S.

Partnerships, including LLCs and LLPs, have a filing fee and need to report it on Form IT-204-LL. You'll also need to refer to IRS Form 1065.

Individuals and sole proprietors pay Income Tax, which can be reported on Form IT-201. You'll also need to refer to IRS Form 1040.

For your interest: Business Taxes in Ct

None

If your business is a New York LLC, you're in luck because you don't have to file any federal business tax or state income tax. Instead, you'll pay filing fees based on your gross income.

If this caught your attention, see: New York State Tax Payments Online

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These fees can range from a minimum of $25 to a maximum of $4,500, depending on your income level. For example, if your LLC's gross income is less than $100,000, your filing fee would be $25.

You'll also need to pay sales tax if your LLC is involved in retail sales of certain tangible personal property and services, which can add up to a city sales tax rate of 4.5% and a NY state sales and use tax of 4%.

Calculating Taxes

To calculate your New York State business income, start with your federal taxable income (FTI) from your Form 1120. You can find it on line 28 of the form.

You'll then need to make certain New York State additions and subtractions to your FTI on lines 2 and 4 in Part 3 of form CT-3. These adjustments involve things like depreciation, royalty payments, and interest income on U.S. bonds.

Credit: youtube.com, Everything You Need to Know About Small Business Taxes in New York

For multi-state corporations, multiply the adjusted amount by the New York apportionment factor, which is calculated in Part 6.

The final step is to multiply your total New York State business income by one of the tax rates on the tax rates schedule on page 9 of the instructions to Form CT-3-I. The rate is 6.5% for most businesses, or 4.875% for qualified emerging technology companies (QETCs).

Here's a quick rundown of the tax rates:

Once you've calculated your business income tax, you'll need to calculate your capital tax and franchise tax.

Recommended read: Tax Affects Business Taxes

Federal Self-Employment

Federal Self-Employment tax is a crucial aspect of calculating taxes for your LLC. You'll need to pay self-employment tax on profits you take out of the business.

The self-employment tax rate is 15.3%, which covers Social Security, Medicare, and other benefits. This tax is administered by the Federal Insurance Contributions Act (FICA).

To calculate your self-employment tax, you'll need to consider your earnings. Here are some examples of how much self-employment tax you may need to pay:

You can deduct some of your business expenses from your income when calculating how much self-employment tax you owe. This can help reduce the amount of tax you pay.

Calculating Income

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Calculating income is a crucial step in determining the taxes you owe. Your federal taxable income (FTI) is the starting point for calculating your New York State business income.

You can find your FTI on line 28 of your Form 1120, the federal tax form corporations use to report their income to the IRS. If you used a different form, consult the instructions to Form CT-3 for guidance.

To calculate your New York State business income, you'll need to make certain adjustments to your FTI on lines 2 and 4 in Part 3 of form CT-3. This involves things like depreciation, royalty payments, and interest income on U.S. bonds.

These adjustments are computed using Form CT-225 and are covered in-depth in the instructions to that form.

If you're a multi-state corporation, your final adjustment is to multiply your adjusted FTI by the New York apportionment factor, which is calculated in Part 6.

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Here's a quick rundown of the tax rates you'll need to apply:

  • For most businesses, the rate is 6.5%
  • Qualified emerging technology companies (QETCs) pay a lower rate of 4.875%
  • Qualified New York manufacturers pay a tax rate of 0%

You can find the tax rates schedule on page 9 of the instructions to Form CT-3-I.

Calculating on Capital

Calculating tax on capital is a crucial step in determining your business's tax liability.

The tax is based on your business's total capital base, which is the fair market value of all assets and investments your business owns in New York State.

To calculate your business's capital base, you'll need to refer to your business's balance sheet, specifically Part 4 of Form CT-3.

You can find step-by-step instructions for completing Part 4 on Page 16 of the instructions to Form CT-3.

Once you've calculated your business's capital base, you'll need to multiply it by the applicable tax rate, which can be found on the tax rates schedule on page 9 of the instructions to Form CT-3-I.

For most businesses, the tax rate is 0.025%. However, some qualified New York manufacturers and QETCs may qualify for a lower rate of 0.019%.

Here are the tax rates in a quick reference format:

Finishing the Calculation

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Once you've calculated your New York State business income and capital base, it's time to finish the calculation.

You'll need to pick the greatest amount from your business income tax, capital tax, and any other taxes you may need to pay. This amount will be your total New York corporation franchise tax amount.

The tax rates for business income and capital are different, but the process is the same. For most businesses, the tax rate for business income is 6.5%, while the tax rate for capital is 0.025%.

Here's a quick rundown of the tax rates:

If you're a qualified emerging technology company or a qualified New York manufacturer, you may be eligible for a lower tax rate. Be sure to check the instructions to Form CT-3-I to see if you qualify.

Remember, the key is to pick the greatest amount and input it into line 2 of Part 2 of Form CT-3. This will give you your total New York corporation franchise tax amount.

Filing and Payments

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If you expect to owe $300 or more in New York State taxes this year, you must make estimated tax payments. These payments are due on specific dates, which are outlined in the following schedule:

Businesses are also required to make quarterly payments, with the first payment due three and a half months after the fiscal year end. If you're a corporation and expect to owe more than $1,000 in franchise tax, you must file the estimated tax form for corporations, Form CT-400.

Filing and paying your New York State business taxes on time can save you from penalties and interest. If you owe nothing, you're still required to file a sales tax return for each tax period to avoid a $50 penalty.

Sales and Revenue

Sales and Revenue is a crucial aspect of New York State business taxes. The state has a complex system of sales tax and use tax that can be challenging to navigate.

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The sales tax rate in New York is 4%, but there can be additional local tax rates imposed by cities, counties, or school districts. For example, the Metropolitan Commuter Transportation District (MCTD) has an additional sales tax rate of 0.375%.

Businesses in New York need to collect sales transaction information, including gross sales, taxable sales by type, nontaxable sales by type, deductions such as shipping charges, and total collected sales taxes. This information is required to prepare a sales tax return.

The New York Department of Taxation and Finance online filing system outlines the fields businesses need to complete to prepare a sales tax return. This can be a time-consuming process, so it's essential to allocate plenty of time for data collection.

Here are the essential sales transaction information required for a sales tax return:

  • Gross sales
  • Taxable sales by type
  • Nontaxable sales by type
  • Deductions such as shipping charges
  • Total collected sales taxes

Some businesses may have special circumstances that require adding one or more schedules to the return, such as completing Schedule N for services taxed by New York City but not by the state.

Corporation and Franchise

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A corporation in New York is required to pay a franchise tax, which is also known as a privilege tax, for the privilege of doing business in the state. This tax applies to both C and S corporations.

To calculate the franchise tax, you'll need to determine the highest of three amounts: tax on business income, tax on capital, and fixed dollar minimum tax. The tax on business income is 6.5% of the business income earned in New York, although a lower rate of 4.875% may be applicable for qualified emerging technology companies.

The tax on capital is 0.025% of the total business capital base, which is the fair market value of all assets and investments owned by the business in New York State. The fixed dollar minimum tax is calculated based on New York State receipts or money earned while conducting business in the state.

Here's a breakdown of the fixed dollar minimum tax:

The franchise tax in New York is due on or before April 15 annually and the return must be filed within 3 ½ months after the end of the reporting period or fiscal year.

The Corporation Franchise

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The corporation franchise tax is a tax that you pay for the privilege of doing business in New York State. It applies to both C and S corporations.

The tax rate is 6.5% of business income earned in New York, but the actual amount you pay can be lower. You'll need to calculate three different amounts: tax on business income, tax on capital, and fixed dollar minimum tax.

The final amount you pay is the highest of these three amounts. This means you might pay less than 6.5% if your business income or capital is lower.

To calculate your corporation franchise tax, you'll need to fill out and file Form CT-3, your New York corporate tax return. This can be done electronically using state-approved e-file tax software.

Here's a breakdown of the tax bases used to calculate the corporation franchise tax:

  • Business income
  • Capital base
  • Fixed dollar amount

These tax bases are used to calculate the tax on business income, tax on capital, and fixed dollar minimum tax, respectively.

Note that the corporation franchise tax is due on or before April 15 annually, and the return must be filed within 3 ½ months after the end of the reporting period or fiscal year.

Identify Jurisdictions

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Businesses making sales in New York will need to consider local sales tax, in addition to the state tax. This means collecting extra tax for counties or jurisdictions that charge more than the base 4% state tax.

Any sale made to a buyer in a county or jurisdiction with a higher tax rate requires collecting the extra tax. For example, Albany County charges an extra 4% sales tax on top of the state tax.

Businesses must track a customer's jurisdiction and charge them the correct tax at the time of the sale. This is crucial to avoid remitting the incorrect amount of sales tax and still owing money to New York.

The New York Department of Taxation and Finance website offers a Jurisdiction/Rate Lookup by Address tool for occasional sales. Businesses making a significant number of sales in New York may benefit from an automated tax solution to calculate, collect, and track sales tax.

Frequently Asked Questions

How much does a small business need to make to pay taxes?

A small business must earn at least $400 in net income to file a tax return and pay self-employment tax. This tax is equivalent to FICA payroll taxes, typically shared with an employer

Do I file my LLC and personal taxes together?

For single-member LLCs, the IRS typically combines business tax information with your personal tax returns on Schedule C, treating the LLC as an extension of your personal finances. This means you'll file your LLC and personal taxes together, but with some key differences to understand.

Kellie Hessel

Junior Writer

Kellie Hessel is a rising star in the world of journalism, with a passion for uncovering the stories that shape our world. With a keen eye for detail and a knack for storytelling, Kellie has established herself as a go-to writer for industry insights and expert analysis. Kellie's areas of expertise include the insurance industry, where she has developed a deep understanding of the complex issues and trends that impact businesses and individuals alike.

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